Oceanside Divorce Attorney

No two divorces are the same. In fact, they are as unique as your marriage. Some couples can amicably divide their property and set up a custody arrangement that works for everyone with a minimum of fuss. Other couples cannot agree on even the ground rules for resolving their disputes.

Griffith Young is an established family law firm in northern San Diego County who helps clients navigate the divorce process. Our Certified Legal Specialists have helped men and women from various backgrounds end their marriages and set themselves up for success moving forward. Contact our firm to schedule a private consultation if you have questions about divorce or received papers and are questioning what to do next. All meetings are confidential.

Our Divorce Practice

Divorce involves much more than getting a piece of paper saying your marriage is dissolved. Major issues include:

• Division or property
• Spousal support (alimony)
• Child custody
• Child support
• Modification of custody or support orders
• Post-divorce enforcement

Find a law firm with broad experience helping clients from a range of backgrounds. At Griffith Young, we have developed a deep foundation with:

• Military divorce
• High-asset divorce
• Gay divorce
• Contested divorce

Steps in the California Divorce Process

The divorce process is confusing for many, but here is an overview from 10,000 feet:

1. Initiate the divorce by filing a petition. Typically, one spouse files a petition to dissolve the marriage. This form will ask for basic information, including names and addresses, as well as if you have children. The spouse who initiated divorce can also request temporary custody and support.
2. Serve paperwork on your spouse. The spouse who did not file has a chance to respond to the divorce petition. For this reason, you need to serve a copy on your spouse using appropriate service. In some situations, your spouse will accept service, but in other cases you need to hire a process service to hand your spouse the papers. This is one reason to work with an experienced law firm.
3. Receive your spouse’s response. The answer must be filed in 30 days, and you should receive copies of the response. When a spouse fails to respond at all or is missing, then you might request a “default divorce,” which is less than ideal. Most spouses respond. 
4. Swap detailed financial information. Each spouse needs to make full disclosure of their finances, including debts and assets. These numbers go into the calculations for child support, spousal support, and the division of community property. Remember to fully disclose all financial information, even if the accounts or property are not located in California. If you hide something—and you get caught—a judge can sanction you or give you less than what you deserve.
5. Start negotiations. Even squabbling couples might, with effort, reach an agreement on critical issues, including child custody. A judge will order couples to attend mediation with a trained mediator, who can help nudge discussions along.
6. Participate in discovery. In this stage of litigation, each side requests information from the other. Discovery happens in addition to mandatory financial disclosures. Each spouse might sit for a deposition or meet with a clinical psychologist. Discovery is often burdensome, intrusive, and expensive—and a major reason why many couples try to work through their differences in good faith.
7. Reach settlement (where possible).  A couple which agrees on some issues can draft a settlement agreement. Any remaining issues will likely go to the judge to decide. A settlement agreement can get incorporated into the judge’s order so that it is binding.
8. Attend your day in court. Divorce issues are decided by a judge, who will accept evidence and issue a judgment.

Contact Griffith Young to discuss your case. We can discuss in more detail the likely cost of divorce, whether you are on the same page as your spouse, and other issues.

Uncontested Divorce is Possible

The most common type of uncontested divorce occurs when spouses agree on the most important issues, such as custody, child support, property division, and spousal support. Whether participating in mediation or not, couples can draft their agreement and submit it to the judge.

Generally, uncontested divorces are faster and easier on the bank account. However, not all couples can see eye to eye on all issues-or on any issue. If you agree on a couple items, the remaining ones can be bifurcated and presented at trial.

An Oceanside divorce attorney is a big help. One misconception is that lawyers introduce conflict into a divorce. Instead, we can advise a client on what compromises are fair or whether they should take a chance going to court.

Contested Divorces Remain a Reality

Some divorces are contested for various reasons, including:

• Disputes over child custody;
• Cases involving business interests or other complicated assets;
• Domestic violence, which makes mediation impossible;
• High-conflict spouses who dig in and argue over every detail;
• A divorce involving a prenuptial agreement which one spouse argues is unlawful.

Contested divorces take longer and are usually more expensive. Nonetheless, contested divorces are sometimes unavoidable. There is no reason to compromise simply for the sake of compromise. If your spouse abuses the children, for example, then fighting for custody makes sense.

Hire an experienced family law attorney at Griffith Young for help. We can negotiate and try to resolve most issues, but we also excel in the courtroom. Success in a contested divorce hinges on finding useful evidence to convince a judge to see the dispute your way.

Dividing Property is Full of Complexity

The financial side of untangling a relationship is often much harder than many Oceanside clients realize. California is a community property state, which means that most assets you obtained while married but before separation are part of the community and divided between spouses. This rule applies even if you earned most of the money or paid the mortgage by yourself.

Unless there is a prenuptial agreement, couples will need to determine what assets are separate property:

• Anything you owned before marriage;
• Assets you obtained after separation;
• An inheritance left just to you, not jointly with your spouse;
• A gift to you from someone else.

Some marital property is difficult to classify. A husband might establish a business while single, but it grows substantially during the marriage. He also pours company profits back into the business  to facilitate expansion. Some of the business equity in this situation could be community property, even if the other spouse never steps foot in the business.

Some practical issues involve fear your spouse will immediately empty bank accounts or throw you off health insurance when they receive the divorce papers. Helpfully, automatic restraining orders go into effect when a petition is filed and served. Call an Oceanside divorce lawyer if you have concerns.

Spousal Support Disputes

Longer marriages are usually more complex because of California’s approach to alimony. If your marriage lasted fewer than 10 years, then a judge will almost always grant alimony for only a limited amount of time, if at all. The standard in San Diego County is to receive alimony for no longer than 50% the duration of your marriage. If you were married for 4 years, then most spouses get 2 years of alimony at most.

Longer marriages (10+ years) are harder to handle. Judges treat them differently, and a spouse could end up paying permanent alimony. To learn more about your rights, call us.

Divorcing with Children

Disputes can often arise around children. Custody is not a “winner take all” issue. Instead, the state believes a child’s welfare is enhanced by continuing and meaningful contact with both parents.

Nonetheless, conflict emerges when we get to the details of what custody should look like. Who will children live with during the school year? What if the parents don’t live anywhere near each other? Does one parent want to move north—or leave the state altogether?

Call us to speak with a Certified Family Law Specialist if you have concerns regarding custody.

Oceanside Divorce FAQs

Do professionals have unique needs in divorce?

Yes. These divorces typically involve more assets, and usually more fights regarding how to divide them. Other issues involve maintaining client confidentiality and trade secrets when having a business valued or appraised. Any divorce can be stressful, but professionals need an experienced lawyer by their side.

What is the average cost of divorce?

It depends on your situation. A quick, uncontested divorce could only cost the filing fee ($435 as of 2025). If you have a contested divorce, then the legal fees can add thousands of dollars.

What if my spouse hid assets and failed to disclose?

This is a serious error. Intentionally concealing assets can result in a judge giving the other spouse more property, as well as other sanctions. Work closely with a divorce lawyer in Oceanside to ensure you make full disclosure. Also talk about whether you suspect your spouse is hiding something, like a bank account offshore. We can work with forensic accountants to try and uncover hidden assets.

What’s the fastest I can get divorced?

California has a six-month waiting period. You won’t be divorced until at least that much time has passed, though a judge can enter orders before.

Contact Griffith Young Today for Your Private Consultation

Dissolving a marriage is a big step, and anyone contemplating divorce should meet with an Oceanside divorce lawyer to go over what to expect. Call Griffith Young today to schedule your consultation.